A statement from FBI Director Comey on July 5, 2016 referenced Clinton's lawless use of her private email server:

From the group of 30,000 e-mails returned to the State Department, 110 emails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification.

Government watchdog Judicial Watch says, "Lawlessness was the modus operandi of the Obama administration. If it felt a law stood in the way of its intentions, it ignored the law. Seems the Obama intelligence agencies learned this lesson well. In the critical matter of Hillary Clinton’s illegal email practices, the Director of National Intelligence simply ignored a directive requiring a damage assessment and a report."

Therefore, Judicial Watch filed their lawsuit, which "cites the requirement in Intelligence Community Directive (“ICD”) 732, issued on June 27, 2014, that a damage assessment be conducted whenever there is 'an actual or suspected unauthorized disclosure or compromise of classified national intelligence that may cause damage to U.S. national security.'"

"Despite the FBI findings and the requirements of Intelligence Community Directive 732, however, the suit argues that: 'On or about September 14, 2016, ODNI announced that no Intelligence Community-wide damage assessment into Secretary Clinton’s email practices would be conducted and that no individual Intelligence Community member would conduct such an assessment,'" writes Judicial Watch.

How do we actually know this to be true? This is the reason for the lawsuit.

Judicial Watch has been pursuing this information since September 16, 2016 with no response. ODNI failed to respond to a Freedom of Information Act request for the information within the required time. So, Judicial Watch filed suit and still has not received the records requested.

Then, in January 2017, Judicial Watch sent a certified letter to Director of National Intelligence Director James Clapper, former Secretary of State John Kerry, and Director of National Intelligence counterintelligence executive William Evanina requesting an explanation of why the Office of the Director of National Intelligence had failed to act earlier was part of a FOIA lawsuit filed on January 11.

In that letter, Judicial Watch informed the recipients, "A damage assessment such as the one required by ICD No. 732 is a quintessential type of record that Judicial Watch would request and obtain under FOIA, analyze, and then make available to the public in carrying out its educational mission."

They also warned that they would file suit against them if they did not receive a response by February 10, 2017. The suit being brought is seeking the same information that should have been provided in the FOIA request.

All records that form the foundation for the decision by ODNI not to conduct an assessment of the damage to national security resulting from former Secretary of State Hillary Rodham Clinton sending and receiving classified national security information on a private email server.

All records sent to or from ODNI officials regarding the decision not to conduct an assessment of the damage to national security resulting from former Secretary of State Hillary Clinton sending and receiving classified national security information on a private email server.

Following Judicial Watch's FOIA request, spokesperson for the Office of the Director of National Intelligence Joel D. Melstad released a statement saying, “ODNI is not leading an [intelligence community]-wide damage assessment and is not aware of any individual IC element conducting such formal assessments.”

“The Office of the Director of National Intelligence has a legal obligation to assess the damage done by Hillary Clinton’s illicit email practices,” said Judicial Watch President Tom Fitton. “Therefore, the American people have a right to know the basis of that decision. And they have a right to expect the Office of the Director of National Intelligence to follow the law and determine how badly Mrs. Clinton’s actions compromised national security and put our nation at risk.”

Now, the question is who else is now acting criminally and possibly covering up the crimes of Hillary Clinton? If the law demands a damage assessment by the Office of the Director of National Intelligence and they are not complying and stating they are not complying, does that not make them guilty of a violation of federal law?

The lawsuit names acting director of national security Michael Dempsey, national counterintelligence executive William Evanina and Secretary of State Rex W. Tillerson.

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